305-358-2330
On August 21st, 2014, United States District Judge Robert Hinkle ruled Florida’s same-sex marriage ban to be unconstitutional, yet same-sex marriages can’t instantly be performed.
While divorce normally is seen as a negative thing, as a relationship breakdown, it really offers both parties legal protections that they wouldn’t otherwise experience.
As an unmarried couple decides to part ways, it’s typical for both or either of the partners to suffer some type of injustice in the division of debts and assets, especially if they’ve been residing together for a substantial time period.
For instance, they might have bought a car or home together, or maybe one party has made substantial contributions as a homemaker or perhaps has offered support while the other person was building his or her career.
In a simplistic breakup, neither party possesses legal rights to claim compensation for these types of contributions. Additionally, the shared debts or assets typically remain with the individual whose name is on the loan or title.
Also Read : Same-Sex Marriage, Divorce, and Family Law
Is there anything different concerning same-sex divorces?
In a same-sex couple divorce, you don’t need to be concerned with these issues. Anything that was acquired within the course of the marriage is going to be subject to equitable distribution in the property division. Similarly, either party might claim spousal support.
One problem which still is a challenge for most same-sex couples in the divorce process is the subject of child custody. In a number of families, one partner is the biological parent to a child raised by both parents.
However, the other partner might not have legally adopted the child. In these types of cases it often is smart to include the services of a lawyer in negotiating a workable parenting strategy that offers both parents shared custody or that permits visitation rights, as well as an obligation to pay support for the child.
Contact Same Sex Divorce Lawyers
If you are about to go through a same-sex divorce, contact same-sex divorce lawyers Miami at the Law Offices of Aliette Hernandez Carolan, PA in Miami, Florida, by calling (305) 358-2330.
One of our knowledgeable and experienced same-sex divorce lawyers will be happy to meet with you and answer your questions. It is important to work with an attorney if you are going through a divorce.
Your lawyer will ensure that your rights are protected, that you are treated fairly, and that all aspects of your divorce are dealt with properly.